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Data Licence Agreement

Data Licence Agreement Template for Belgium

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Key Requirements PROMPT example:

Data Licence Agreement

"I need a Data Licence Agreement under Belgian law for licensing our customer analytics database to a single corporate client, with standard GDPR compliance and basic security requirements, starting from March 2025."

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Document background
The Data Licence Agreement is a crucial legal instrument used when one party (the licensor) grants another party (the licensee) rights to access, use, and potentially redistribute specific data sets under Belgian law. This document is essential in today's data-driven economy, particularly when organizations need to share, commercialize, or utilize data assets while ensuring compliance with Belgian and EU regulations. The agreement typically includes detailed provisions on data protection, usage rights, technical requirements, and commercial terms. It's specifically designed to comply with Belgian legal requirements, including the Belgian Data Protection Act and its interaction with GDPR, while also addressing practical aspects of data sharing such as format specifications, security requirements, and service levels. This document is particularly relevant for organizations dealing with valuable data assets, requiring structured frameworks for data sharing, or operating in regulated industries where data handling requires specific legal protections.
Suggested Sections

1. Parties: Identification of the data licensor and licensee, including registered addresses and company details

2. Background: Context of the agreement, nature of the data, and purpose of the license

3. Definitions: Definitions of key terms used throughout the agreement, including 'Data', 'Licensed Rights', 'Permitted Purpose', etc.

4. Grant of License: Scope of the license, permitted uses, and any territorial or time limitations

5. License Fees: Payment terms, fee structure, and payment schedule

6. Data Delivery and Format: Specifications for how and when the data will be delivered, including format requirements

7. Data Protection and Security: GDPR compliance requirements, security measures, and data protection obligations

8. Licensee Obligations: Core obligations of the licensee regarding use, storage, and handling of the licensed data

9. Licensor Obligations: Core obligations of the licensor, including data quality and availability commitments

10. Intellectual Property Rights: Ownership of IP rights in the data and any derived works

11. Warranties and Representations: Warranties regarding data quality, accuracy, and rights to license

12. Liability and Indemnification: Limitation of liability provisions and indemnification obligations

13. Term and Termination: Duration of the agreement and termination rights

14. Post-Termination Obligations: Obligations surviving termination, including data deletion or return

15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Audit Rights: Right to audit licensee's compliance with the agreement - include when licensing sensitive or high-value data

2. Data Updates: Terms for providing and receiving data updates - include when the license involves ongoing data provision

3. Sublicensing Rights: Terms governing the licensee's right to sublicense the data - include when sublicensing is permitted

4. Export Control: Provisions regarding international data transfer restrictions - include when data may be transferred outside the EU

5. Disaster Recovery: Requirements for backup and disaster recovery - include for business-critical data

6. Service Levels: Service level commitments for data availability - include for real-time or critical data access

7. Derived Data: Rights and obligations regarding data derived from the licensed data - include when derivative works are anticipated

8. Competition Law Compliance: Specific provisions ensuring compliance with competition laws - include when licensing market-sensitive data

9. Data Ethics: Ethical guidelines for data usage - include when licensing personal or sensitive data

10. Open Source Obligations: Requirements related to open source elements - include when relevant to the licensed data

Suggested Schedules

1. Schedule 1 - Licensed Data Description: Detailed description of the licensed data, including specifications and formats

2. Schedule 2 - Technical Requirements: Technical specifications for data access, storage, and processing

3. Schedule 3 - Security Requirements: Detailed security requirements and protocols

4. Schedule 4 - Service Levels: Detailed service level agreements and metrics

5. Schedule 5 - Fee Schedule: Detailed breakdown of license fees and payment terms

6. Schedule 6 - Approved Sublicensees: List of approved sublicensees (if applicable)

7. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions

8. Appendix B - Technical Integration Guide: Guidelines for technical integration and data access

9. Appendix C - Incident Response Plan: Procedures for handling data security incidents

10. Appendix D - Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed data

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Users
Business Day
Confidential Information
Data
Data Controller
Data Processor
Data Protection Laws
Data Security Requirements
Data Subject
Derived Data
Documentation
Effective Date
Force Majeure Event
GDPR
Intellectual Property Rights
Licensed Data
Licensed Rights
Licensee
Licensor
Losses
Metadata
Permitted Purpose
Personal Data
Processing
Raw Data
Related Agreements
Representatives
Security Breach
Service Levels
Source Data
Specifications
Sub-processor
Sublicensee
Technical Requirements
Term
Territory
Third Party
Updates
Usage Data
Clauses
Interpretation
Grant of License
License Restrictions
Data Protection
Data Security
Service Levels
Payment Terms
Intellectual Property
Confidentiality
Technical Requirements
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Assignment
Audit Rights
Compliance
Data Quality
Usage Rights
Reporting
Export Control
Dispute Resolution
Governing Law
Notices
Amendment
Severability
Entire Agreement
Third Party Rights
Data Delivery
Sublicensing
Territory Restrictions
Competition Law
Relevant Industries

Technology

Financial Services

Healthcare

Retail

Manufacturing

Telecommunications

Research & Development

Energy

Transportation & Logistics

Professional Services

Media & Entertainment

Education

Real Estate

Market Research

Insurance

Public Sector

Relevant Teams

Legal

Compliance

Information Technology

Data Management

Information Security

Privacy

Commercial

Risk Management

Technical Operations

Business Development

Innovation

Digital Transformation

Procurement

Research & Development

Relevant Roles

Data Protection Officer

Legal Counsel

Privacy Officer

Commercial Director

Chief Technology Officer

Information Security Manager

Data Architect

Compliance Manager

Chief Data Officer

Business Development Manager

IT Director

Risk Manager

Technical Operations Manager

Database Administrator

Contract Manager

Innovation Director

Digital Transformation Manager

Data Governance Manager

Industries
EU General Data Protection Regulation (GDPR): Regulation (EU) 2016/679 - Fundamental law governing personal data processing and transfer in the EU, setting requirements for data handling, storage, and transfer
Belgian Data Protection Act: Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data - Belgian implementation of GDPR
Belgian Civil Code: Basic contract law principles governing formation, validity, and enforcement of contracts under Belgian law
Belgian Code of Economic Law: Contains provisions on electronic communications, e-commerce, and digital services relevant to data licensing
Belgian Copyright Act: Law governing intellectual property rights that might apply to databases and data compilations
EU Database Directive: Directive 96/9/EC - Provides specific protection for databases, which might be relevant depending on the data being licensed
EU Digital Single Market Regulation: Framework governing cross-border data flows and digital services within the EU
EU Data Governance Act: Regulation (EU) 2022/868 - Provides framework for data sharing services and data intermediaries in the EU
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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